United States Seventh Circuit

District court's denial of defendant's request for habeas relief, claiming that his attorney's false guarantee of a Rule 35 reduction in his sentence violated his Sixth Amendment right to effective assistance of counsel is affirmed where: 1) defendant's ineffective assistance claim fails because he did not adequately show that he would not have pled guilty even had his attorney fully explained to him that a Rule 35 motion to reduce is sentence was not guaranteed; and 2) an evidentiary hearing in this case was not necessary because the record conclusively showed that defendant was not prejudiced under Strickland and is therefore entitled to no relief.

Appellate Information

• Argued 02/22/2010
• Decided 08/24/2010
• Published 08/24/2010

Judges

• KANNE

Court

• United States Seventh Circuit

Counsel